Pease v. Sabin
Supreme Court of Vermont
Assumpsit declaring in four counts. The first count declared on a contract for the purchase of sixty boxes of cheese with warranty of soundness in the quality, and also a warranty of the amount of tare of the boxes, and alleged breach of warranty. The second count declared on a contract for the purchase of thirty cheeses, and a subsequent delivery of eighteen cheeses upon said contract, and alleged neglect and refusal to deliver the remaining twelve.
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Assumpsit declaring in four counts. The first count declared on a contract for the purchase of sixty boxes of cheese with warranty of soundness in the quality, and also a warranty of the amount of tare of the boxes, and alleged breach of warranty. The second count declared on a contract for the purchase of thirty cheeses, and a subsequent delivery of eighteen cheeses upon said contract, and alleged neglect and refusal to deliver the remaining twelve. The third and fourth counts declared substantially on the contract mentioned in the said first and second counts. Plea, the general issue, and…
1Opinion of the Court
The opinion, of the court was delivered by
Pierpoint, Ch. J.
The questions presented by the exceptions arise under the first count in the declaration, in which the plaintiff declares upon a warranty.
The plaintiff requested the court to charge the jury that “where produce requiring skill in the manufacture thereof, as in the case, of the manufacture of butter and cheese, and especially where the same were subject to latent defects that could not be discovered by the. purchaser, was sold by the manufacturer thereof, to a dealer for a special purpose, then made known to the seller, and a sound…
2Cited by7 opinions
- English v. Spokane Com. Co.Court of Appeals for the Ninth Circuit · 1893
- Grand Avenue Hotel Co. v. WhartonCourt of Appeals for the Eighth Circuit · 1897
- Leopold v. Van KirkWisconsin Supreme Court · 1870
- Rogers v. WT Grant CompanySupreme Court of Vermont · 1974
- Bragg v. MorrillSupreme Court of Vermont · 1876
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